RICKY LATHROP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Judge.
This is an appeal from a sentence. Appellant was before the court for sentencing after he violated terms of his community control sentence. Although presented with a properly calculated sentencing guideline scoresheet the sentencing judge declined to use it; instead, he used a previously prepared, and used, scoresheet. That previously used scoresheet was erroneous, as implicitly acknowledged by the sentencing judge. The judge felt he was obliged to follow the erroneous scoresheet because appellant did not raise the issue at the first sentencing or on appeal. We disagree. Rule 3.800(a) allows the court at any time to correct a miscalculated scoresheet. See State v. Whitfield, 487 So. 2d 1045 (Fla.1986).
The sentence is vacated and this cause remanded for a proper sentence..
SENTENCE VACATED; REMANDED.
SHARP, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990)…ifferent scoresheet to calculate the sentence from the one used at the original sentencing at which the defendant had received probation. We reverse. We agree that a trial judge can correct a miscalculated scoresheet at any time. Lathrop v. State, 521 So. 2d 358 (Fla. 5th DCA 1988). However, what happened in the case at bar was not, for example, an error in arithmetical addition of the numbers apparent from the four corners of the score-sheet. Much more than that occurred. Through some mix-up, the original…
Authorities Cited
- State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)